1 About these Guidelines
These Ratings and Reviews Guidelines (the "Guidelines") govern how ratings, reviews and other Feedback may be given and used on the website at www.habiler.com, the Habiler mobile applications, and all related services (collectively, the "Platform"), operated by Habiler Inc. ("Habiler", "we", "us" or "our").
These Guidelines are incorporated by reference into, and form part of, the Habiler Terms and Conditions of Service (the "Terms") and the Acceptable Use Policy, and together with the Privacy Policy and all other supplemental terms make up the Agreement. Capitalised terms used but not defined in these Guidelines have the meanings given to them in the Terms, including "User", "Client", "Contractor", "Job", "Chat Thread", "Feedback" and "Territory".
By submitting a rating or review, you agree to comply with these Guidelines. Ratings and reviews are a form of User Generated Content and are also subject to the User Generated Content and Feedback provisions of the Terms and to the content standards of the Acceptable Use Policy.
2 Purpose of ratings and reviews
Ratings and reviews help Users make informed decisions about whom to work with on the Platform, and help the Habiler community maintain high standards of service and conduct. They are most useful when they are honest, accurate, relevant and based on genuine first-hand experience of a Job arranged through the Platform.
A rating or review reflects the personal opinion and experience of the User who submitted it. It is not the opinion of, and has not been verified or approved by, Habiler. Habiler does not evaluate Users, and the presence of a rating or review is not an endorsement, certification or guarantee by Habiler of any User.
3 Who can leave a review, and when
Ratings and reviews on the Platform are two-way: following a Job, a Client may rate and review the Contractor, and the Contractor may rate and review the Client. This allows both sides of a Job to give and receive Feedback.
To protect the integrity of ratings and reviews, you may only leave a rating or review in respect of a User with whom you have been matched on a Job that was booked through the Platform. Reviews are therefore verified: each review relates to an actual Job arranged on the Platform, and reviews cannot be left by Users who have not transacted with one another through the Platform.
You may leave a rating or review within the period made available on the Platform after a Job is completed or cancelled. Habiler may set a reasonable window for submitting reviews, and may indicate on a User's profile whether a review relates to a completed Job.
4 Standards for ratings and reviews
When you leave a rating or review, you must ensure that it:
- is honest, and reflects your own genuine, first-hand experience of the Job or the other User;
- is accurate, and does not contain any statement of fact that you know, or ought reasonably to know, to be false or misleading;
- is relevant to the Job, to the services provided or requested, or to your dealings with the other User through the Platform; and
- is your own, and has not been written, influenced or paid for by any person with an interest in the outcome of the review.
5 What is not permitted
Ratings and reviews must comply with the content standards of the Acceptable Use Policy. In particular, you must not submit any rating, review or other Feedback that:
- is false, inaccurate, deceptive or misleading, or that relates to a Job or interaction that did not take place;
- is defamatory, libellous, malicious, threatening, abusive, harassing, obscene, indecent, or hateful, or that incites or promotes violence;
- is discriminatory, or that attacks or refers to a person on the basis of race, colour, national or ethnic origin, sex, gender, sexual orientation, religion, disability, age, marital status or any other characteristic protected under the law of a Participating Jurisdiction;
- discloses the personal or private information of any person, including a full name (other than a business name displayed on the Platform), home address, telephone number, email address, payment details, or any other information by which a private individual could be identified or located, without that person's consent;
- infringes the intellectual property, privacy, publicity or other rights of any person;
- contains advertising, promotional material, spam, a solicitation, or any contact or payment detail intended to move a transaction off the Platform, in circumvention of the Terms;
- refers to matters unrelated to the Job or the other User's conduct on the Platform, including commentary on matters of a purely personal or political nature;
- seeks to extort, coerce, blackmail or threaten another User, including by offering to leave, alter or remove a review, or to change a rating, in exchange for a refund, a discount, additional services, a favourable review, or any other benefit; or
- you have been paid or otherwise incentivised to submit, or that you have submitted in exchange for a benefit rather than on the basis of genuine experience.
6 Manipulation of ratings and reviews
The value of ratings and reviews depends on their integrity. You must not manipulate, or attempt to manipulate, the ratings or reviews system, whether your own ratings or those of any other User. In particular, you must not:
- create, use or coordinate multiple accounts, fake accounts, or the accounts of friends, family, employees or associates, in order to post reviews or to inflate or deflate any rating;
- post reviews of your own business, of a competitor, or of a User with whom you have not had a genuine Job through the Platform;
- offer, solicit, give or accept any payment, discount, refund, free or additional service, or other incentive in exchange for a review or a particular rating;
- engage in "review swapping" or any arrangement to exchange favourable reviews with another User; or
- pressure, coerce or retaliate against a User because of a review they have left or may leave, including by threatening to leave a retaliatory review.
7 Right of reply
If you are the subject of a review, you may post a single public response to that review through the tools made available on the Platform, so that other Users can see your perspective. Any response you post is itself Feedback and must comply with these Guidelines and the Acceptable Use Policy — in particular, a response must not be abusive, must not disclose the reviewer's private information, and must remain relevant to the Job and the review. Habiler may moderate or remove a response on the same basis as any other review.
8 Reporting a review
If you believe that a rating or review violates these Guidelines, the Acceptable Use Policy or the Terms, you may report it to Habiler using the reporting tools on the Platform, or by contacting us at reviews@habiler.com. Please identify the review and explain why you consider it to be in breach, providing any supporting information. Disagreeing with a review, or considering it unfair, is not by itself a ground for removal; a review will generally be removed only where it breaches these Guidelines or the Agreement.
9 Moderation and removal
Habiler has no obligation to monitor, screen or review ratings and reviews before or after they are published, but reserves the right to do so. Habiler may, at its sole discretion, and whether or not a report has been made, decline to publish, edit, refuse, restrict access to, or remove any rating, review, response or other Feedback that it considers, acting reasonably, to breach these Guidelines, the Acceptable Use Policy or the Terms, or to be otherwise objectionable or unlawful.
Where Habiler edits a review, it will do so only to the extent necessary to bring it into compliance with these Guidelines, for example, by removing an item of private information or offensive language, while preserving the substance of the reviewer's genuine feedback so far as possible. Habiler is not obliged to remove a review merely because it is negative or unfavourable, provided it complies with these Guidelines.
Habiler will not be liable to any User or third party for any decision to publish, decline to publish, edit or remove a rating or review made in good faith under these Guidelines.
10 Appeals
If your rating or review has been edited, removed or refused, or if a review of you that you reported has not been removed, you may appeal that decision by contacting Habiler at reviews@habiler.com within fourteen (14) days, setting out the grounds of your appeal. Habiler will review the appeal and notify you of the outcome. This appeal process is without prejudice to any other right you may have under the Terms.
11 Licence and use of your reviews
Ratings and reviews are User Generated Content. By submitting a rating or review, you grant Habiler the licence to use that content set out in the User Generated Content provisions of the Terms, including the right to publish, reproduce, display, adapt and use it in connection with the Platform and its promotion. You are, and remain, solely responsible for the ratings and reviews you submit, and you represent and warrant that they comply with these Guidelines and the Agreement.
12 Changes to these Guidelines
Habiler may review, change, modify, update, supplement or replace these Guidelines from time to time in accordance with the change provisions of the Terms. Notice of any change may be given by posting the updated Guidelines, or notice of them, on the Platform, by email, or in any other reasonable manner, and the change will take effect upon such posting. Your continued use of the Platform after a change takes effect constitutes your acceptance of the Guidelines as amended.
13 Relationship to the Agreement
These Guidelines supplement, and do not limit, the Terms, the Acceptable Use Policy and the other components of the Agreement. In the event of any conflict between these Guidelines and the Terms, the Terms shall prevail. Any dispute, controversy or claim arising out of or relating to these Guidelines is subject to the dispute resolution and arbitration provisions of the Terms, and these Guidelines are governed by the laws of Saint Christopher and Nevis, in each case as set out in the Terms.